CHAPTER 72
SENATE BILL No. 75
An Act concerning the joint committee on state-tribal
relations; amending
K.S.A. 46-2303 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 46-2303 is hereby
amended to read as follows: 46-
2303. (a) The joint committee on gaming compacts is hereby
reconsti-
tuted as the joint committee on state-tribal relations. The joint
committee
shall consist of 12 members as follows: (1) Five members of the
senate
and five members of the house of representatives; and (2) the
governor
or the governor's designee and the attorney general or the attorney
gen-
eral's designee who shall be nonvoting members. Of
the members ap-
pointed from the senate, three shall be appointed by the president
of the
senate and two shall be appointed by the minority leader of the
senate.
Of the members appointed from the house of representatives, three
shall
be appointed by the speaker of the house of representatives and two
by
the minority leader of the house of representatives. Such members
shall
be selected only from the membership of the standing committees
on
federal and state affairs, judiciary, taxation and assessment and
taxation.
All legislative members of the joint committee shall serve for
terms end-
ing on the first day of the regular legislative session in
odd-numbered
years.
(b) Each year At the
commencement of each regular session of the
legislature, the governor or the governor's designee shall call
an organi-
zational meeting of the joint committee. The governor or the
governor's
designee shall serve as a temporary chairperson at the
organizational
meeting until a chairperson is elected as provided by this
subsection. The
members of the joint committee shall elect
organize by electing from its
membership a chairperson and a vice-chairperson. During
odd-num-
bered years, the chairperson shall be a member from the senate and
the
vice-chairperson shall be a member from the house of
representatives.
During even-numbered years, the chairperson shall be a member
from
the house of representatives and the vice-chairperson shall be a
member
from the senate. The vice-chairperson shall exercise all of the
powers and
duties of the chairperson in the absence of the chairperson. The
ranking
minority member of the joint committee shall be the ranking
minority
member of the senate when the chairperson is a member of the
senate or
the ranking minority member of the house of representatives when
the
chairperson is a member of the house of representatives.
(c) A quorum of the joint committee on
state-tribal relations shall be
six. Actions of the joint committee recommending that a resolution
ap-
proving a proposed compact be adopted or not be adopted shall be
only
on the affirmative vote of eight or more members of the joint
committee,
at least four of whom shall be senators and at least four of whom
shall be
members of the house of representatives. Action of the joint
committee
to report without recommendation a resolution approving a compact
may
be on the affirmative vote of any five or more legislative
members of the
committee. The governor or the governor's designee and the
attorney
general or the attorney general's designee shall not have the
power to vote
on an action approving or disapproving a compact or an action to
report
without recommendation a resolution approving a compact. All
other ac-
tions of the joint committee may be taken by a majority of those
present
when there is a quorum.
(d) The joint committee may meet at any
time and at any place within
the state on the call of the chairperson. The joint committee may
appoint
subcommittees as deemed appropriate. Members of the joint
committee
and subcommittees thereof, shall receive compensation, travel,
subsis-
tence allowance and mileage as provided by K.S.A. 75-3212, and
amend-
ments thereto, when attending meetings of the joint committee or
sub-
committee thereof.
(e) The provisions of the acts contained
in article 12 of chapter 46 of
the Kansas Statutes Annotated, and amendments thereto, applicable
to
special committees shall apply to the joint committee to the extent
that
the same do not conflict with the specific provisions of this act
applicable
to the joint committee.
(f) In accordance with K.S.A. 46-1204,
and amendments thereto, the
legislative coordinating council may provide for such professional
services
as may be requested by the joint committee on state-tribal
relations.
(g) The joint committee:
(1) May establish and transmit to the
governor proposed guidelines
reflecting the public policies and state interests, as embodied in
the con-
stitution, statutes and case law of the state of Kansas, consistent
with the
Indian gaming regulatory act (25 U.S.C. 2701 et seq.), that the
joint com-
mittee will consider in reviewing proposed compacts;
(2) may recommend to the governor that
any gaming compact pro-
vide for the imposition and collection of state sales and excise
taxes on
sales of nongaming goods and services to persons other than tribal
mem-
bers and imposition and collection of state income tax on revenues
de-
rived from sales of nongaming goods and services;
(3) may hold public hearings on proposed
gaming compacts submit-
ted to the joint committee by the governor;
(4) shall recommend modification of
proposed gaming compacts sub-
mitted by the governor and introduce resolutions approving
proposed
gaming compacts submitted by the governor and recommend that
such
resolutions be adopted or be not adopted, or report such
resolutions with-
out recommendation, and notify the governor, in writing, of the
joint
committee's action;
(5) shall meet, discuss and hold hearings
on issues concerning state
and tribal relations; and
(6) may make recommendations on issues
concerning state and tribal
relations; and
(6) (7) may
introduce such legislation as deemed necessary in per-
forming its functions.
Sec. 2. K.S.A. 46-2303 is hereby repealed.
Sec. 3. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 3, 2001.
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